STORAGE NAME: h0453b.COM DATE: 4/4/2025 1 FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. BILL #: CS/HB 453 TITLE: Pool/Spa Contractors SPONSOR(S): Smith, Alvarez, D. COMPANION BILL: SB 570 (Gruters) LINKED BILLS: None RELATED BILLS: None Committee References Industries & Professional Activities 12 Y, 0 N, As CS Commerce SUMMARY Effect of the Bill: The bill clarifies and expands the scope of work for swimming pool/spa contractors. Fiscal or Economic Impact: The bill may have a positive economic impact on swimming pool/spa contractors by expanding their scope of work and clarifying their current scope of work. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY ANALYSIS EFFECT OF THE BILL: The bill expands the scope of work for all swimming pool/spa contractors to include the installation of lighting, light transformers, and the connection, replacement, disconnection, or reconnection of power wiring on the load side of the dedicated existing electrical circuit disconnect for swimming pool, spa, hot tub, or interactive water feature 1 equipment. However, swimming pool/spa service contractors may only repair or replace lighting and light transformers, and may not install such items. (Section 1) The bill expands the scope of work for residential swimming pool/spa contractors by allowing them to perform work on a commercial swimming pool, spa, hot tub, or public bathing place. 2 However, a residential swimming pool/spa contractor may not build a new commercial swimming pool spa, hot tub, or public bathing place. (Section 1) The bill expands the scope of work for swimming pool/spa service contractors to include the renovation or remodeling of a swimming pool, hot tub, spa, interactive water feature, decorative water feature, public bathing place, or swimming pool or spa appurtenance. Currently, swimming pool/spa service contractors may only perform servicing and make repairs. (Section 1) The bill provides that a swimming pool/spa contractor may not install or upgrade a dedicated electrical disconnect or electrical circuits, or perform any work inside a main electrical panel. The bill also clarifies that a 1 The Florida Building Code defines “interactive water features” as a type of swimming pool that is a structure designed to allow for recreational activities with recirculated, filtered, and treated water; but having minimal standing water. Section 454 of the Eighth edition of the Florida Building Code (Building). 2 A “public bathing place” is a body of water, natural or modified by humans, for swimming, diving, and recreational bathing used by consent of the owner or owners and held out to the public by any person or public body, irrespective of whether a fee is charged for the use thereof. The bathing water areas of public bathing places include, but are not limited to, lakes, ponds, rivers, streams, artificial impoundments, and waters along the coastal and intracoastal beaches and shores of the state. S. 514.011(4), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 swimming pool/spa contractor may not make direct connections to a sanitary sewer system or to potable water lines. (Section 1) The bill redefines the scope of work for a commercial pool/spa contractor to clarify that it includes but is not limited to: All phases of construction, repair, renovation, remodel, deconstruction, and servicing of a swimming pool, hot tub, spa, interactive water feature, decorative water feature, public bathing place, or a swimming pool or spa appurtenance. The construction of uninhabitable equipment rooms for swimming pool, spa, hot tub, or interactive water feature equipment. Excavation and earthmoving required for the installation of swimming pools, spas, hot tubs, or interactive water features. The operation of construction pumps for dewatering purposes and for draining swimming pools, spas, hot tubs, or interactive water features. The installation of rebar or similar support materials, and the shaping and shooting of gunite dry mix and wet mix, concrete, or similar product mix used in the construction of swimming pools, spas, hot tubs, or interactive water features. The installation of equipotential bonding, light conduits, and any cleaning or sanitizing equipment that requires at least partial disassembling. The installation of fiberglass swimming pool, spa, or hot tub shells and vinyl pool, spa, or hot tub liners. The application and removal of all interior pool, spa, hot tub, or interactive water feature finishes. The construction, maintenance, or remodel of decorative or interactive water features, displays that use recirculated water. The installation of all swimming pool, spa, hot tub, or interactive water feature piping. The construction and installation of retaining walls, concrete flatwork, pavers and bricks, and footings for the construction of a swimming pool, spa, hot tub, or interactive water feature. The scope of work of a swimming pool/spa servicing contractor. (Section 1) The bill redefines the scope of work for residential pool/spa contractors to clarify that their scope of work is the same as a commercial pool/spa contractor, except a residential pool/spa contractor may not construct any new commercial swimming pool, spa, hot tub, or public bathing place. (Section 1) The bill redefines the scope of work for a swimming pool/spa servicing contractor to clarify that it includes, but is not limited to: All aspects of the repair or servicing of a swimming pool, hot tub, spa, interactive water feature, decorative water feature, public bathing place, or swimming pool or spa appurtenance. The repair or replacement of equipotential bonding, light conduit, and any cleaning or sanitizing equipment that requires at least partial disassembling. The installation, repair, or replacement of all swimming pool, spa, hot tub, or interactive water feature equipment, including, but not limited to, pool pumps, filters, feeders, controllers, and heaters. The repair of uninhabitable equipment for swimming pool, spa, hot tub, or interactive water feature equipment. The repair or replacement of all perimeter piping and filter piping. The substantial or complete draining of a swimming pool, spa, or hot tub for repair or renovation and the operation of construction pumps for dewatering purposes. The removal and reapplication of all interior swimming pool, spa, hot tub, or interactive water feature finishes. The installation, repair, or replacement of all tile and coping for a swimming pool, spa, hot tub, or interactive water feature. (Section 1) The bill clarifies that licensure is not required when using equipment for: Treating or cleaning a swimming pool, spa, hot tub, or interactive water feature unless such use involves installation, modification, or replacement of the equipment or affects the structural integrity of the swimming pool, spa, hot tub, or interactive water feature. Treating water. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 Changing the filter media. 3 (Section 1) The bill provides an effective date of July 1, 2025. (Section 2) RELEVANT INFORMATION SUBJECT OVERVIEW: Swimming pool/spa contractor Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a licensed contractor is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S. 4 Construction contractors are either certified or registered by the Construction Industry Licensing Board (CILB) housed within Department of Business and Professional Regulation. The CILB is responsible for licensing statewide construction contractors and regulating the construction industry in Florida under part I of Ch. 489, F.S. 5 Currently there are three types of swimming pool/spa contractors: Commercial pool/spa contractor. Residential pool/spa contractor. Swimming pool/spa servicing contractor. “Commercial pool/spa contractors” are individuals who are certified or registered to construct, repair, and service any public or private swimming pool, hot tub, or spa including: 6 Installing, repairing, or replacing existing equipment; Cleaning or sanitizing equipment that requires at least a partial disassembling, excluding filter changes; Installing new interior finishes, package pool heaters, and perimeter piping and filter piping; Constructing equipment rooms or housing for pool/spa equipment; and The scope of work of a swimming pool/spa servicing contractor. “Residential pool/spa contractors” are individuals who are certified or registered to construct repair, and service any residential swimming pool, hot tub, or spa. The scope of work is identical to the scope of work for commercial pool/spa contractors; however, residential pool/spa contractors may only work on residential swimming pools, hot tubs, and spas. 7 “Swimming pool/spa servicing contractors” are individuals who are certified or registered to repair and service any public or private swimming pool, hot tub, or spa including: 8 Repairing or replacing existing equipment; Cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter changes; Installing new pool/spa equipment and interior refinishing; Reinstalling or adding pool heaters; Repairing or replacing perimeter piping and filter piping; Repairing equipment rooms or housing for pool/spa equipment; and 3 The filter media is the media inside a pool filter, such as sand, that traps debris and contaminants. AquaDoc Choosing the Right Filter Media for Your Pool (June 13, 2024) https://www.mavaquadoc.com/blogs/pool-maintenance-blog/choosing-the- right-filter-media-for-your- pool#:~:text=The%20filter%20media%20is%20the%20material%20inside%20your,to%20choose%20the%20best%20one %20for%20your%20pool. (last visited March 21, 2025) 4 S. 489.105(3), F.S. 5 S. 489.107, F.S. 6 S. 489.105(3)(j), F.S. 7 S. 489.105(3)(k), F.S. 8 S. 489.105(3)(l), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 4 Substantially or completely draining a swimming pool, or hot tub or spa, for the purpose of repair or renovation. The scope of work for all three types of swimming pool/spa contractors does not include direct connections to a sanitary sewer system or to potable water lines. 9 Water treatment or cleaning a pool/spa does not require a license unless the structural integrity of the pool/spa is affected or the equipment attached to the pool/spa must be substantially or completely disassembled or replaced. Installing an aboveground pool also does not require a license. 10 A contractor, including swimming pool/spa contractors, must subcontract all electrical, mechanical, plumbing, roofing, sheet metal, and air-conditioning work, to a contractor certified or registered in the respective category, unless the pool/spa contractor also holds a state certificate or registration in the respective category. 11 Dedicated electrical circuit An electrical circuit is a path or loop through which electricity flows. An electrical disconnect or breaker is a switch that stops the flow of the electrical circuit if the devices or appliances draw too much power. A regular or non- dedicated electrical circuit supplies electricity from the breaker to multiple outlets. 12 A dedicated electrical circuit has its very own circuit breaker that only supports one outlet and therefore is dedicated to powering just one device or appliance. Dedicated circuits are designed to protect major appliances and devices that draw a lot of power, such as refrigerators, from electrical damage. They also prevent fires and electrocution by ensuring the device or appliance does not draw more power than the circuit can handle. 13 9 S. 489.105, F.S. 10 Ss 489.103(6), and 489.105, F.S.; DBPR, Trust but Verify, http://www.myfloridalicense.com/dbpr/reg/documents/trustbutverify_000.pdf?x40199 (last visited March 21, 2025). 11 S. 489.113(3), F.S. 12 Harrison Electric Inc., What Are Dedicated Circuits & Which Appliances Should Have Them?, (July 20, 2020) https://harrison- electric.com/Blog/entryid/205/what-are-dedicated-circuits-which-appliances-should-have-them (last visited on March 20, 2025); Michael Christian, What Is an Electrical Disconnect and Its Importance?, House and Home Online (December 20, 2023) https://houseandhomeonline.com/what-is-an-electrical-disconnect/ (last visited march 21, 2025). 13 Harrison Electric Inc., Dedicated Circuits: What They Are & How to Determine If You Need Them, (August 16, 2021) https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what-they-are-how-to-determine-if-you-need-them (last visited on March 20, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 5 The load side of an electrical circuit are the wires passing electricity from a device in the circuit downstream to other devices, while the “line side” are the wires bringing electricity to the device. 14 Pool Light Transformer Genereally, pool lights use low voltage, usually around 12 volts, to minimize the risk of electric shock in the pool area. A pool light transformer converts higher voltage from a structure’s main electrical system to the lower voltage required by the pool lights. This protects the pool lights from overloading. 15 BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Industries & Professional Activities Subcommittee 12 Y, 0 N, As CS 3/26/2025 Anstead Brackett THE CHANGES ADOPTED BY THE COMMITTEE: Clarified that a pool/spa contractor may only perform excavation and earthmoving if it’s required for the installation of a swimming pool, spa, hot tub, or interactive water feature Commerce Committee Hamon Brackett ------------------------------------------------------------------------------------------------------------------------------------- THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE. ------------------------------------------------------------------------------------------------------------------------------------- 14 Timothy Thiele, Line vs. Load Wiring: What's the Difference?, The Spruce (April 19, 2024) https://www.thespruce.com/line- and-load-connections-1152729 15 Schematic Central, How to Wire a Pool Light Transformer: A Complete Wiring Diagram, https://schempal.com/pool-light- transformer-wiring-diagram (last visited March 24, 2025).